A Capehart Scatchard Blog

There are few cases in the Division involving assessments of penalties against an employer for late payment of a settlement. Ramella v. Borough of Seaside Heights, A-3310-17T3 (App. Div. April 8, 2019) is therefore of interest to practitioners. The petitioner, Shirley Ramella, brought a dependency claim against the Borough and its various workers’ compensation carriers […]

Petitioner Joan Haggerty worked for Cape May Regional Medical Center (Crothall Service Group). She tore her left rotator cuff and bicep tendon while working as a housekeeper. Months later she injured her neck and left shoulder making a bed and stretching sheets. She filed a workers’ compensation claim for each injury and later amended the […]

By: Alfred Vitarelli, Esq., Shareholder, Stark & Stark Ask any practitioner about the nature of Medicare and his or her response will usually be that it is a source of medical coverage for the very poor, such as those receiving SSI (Supplemental Security Income.) Alas, such an answer is no longer correct, nor is it […]

Vinno Verasawmi was the sole proprietor of VKR, which manufactured custom kitchen cabinets for residential and commercial customers. The company had two other employees. Verasawmi would visit construction sites and meet customers in the ordinary course of business. He drove a Porsche Cayenne, registered in his own name, both for personal and business use. He […]

Readers of this blog know that it is extremely difficult for an employee to sue his or her employer or co-employee in civil court. That was proven again in Johns v. Wengerter, A-2053-17T1 (App. Div. April 1, 2019). Johns, a City of Linden firefighter, was on duty at the firehouse on November 27, 2015. He […]

As practitioners well know, many ADA law suits begin with a workers’ compensation injury. But where is the line between an issue that must be handled in workers’ compensation and one that can be brought in civil court? That was the issue that the New Jersey Supreme Court decided on March 25, 2019 in Caraballo […]

By: Alfred Vitarelli, Esq., Shareholder, Stark & Stark If the workers’ compensation practitioner reading this otherwise dry blog finds his/her mind wandering to more exciting topics, let your mind focus on that ominous line from the 1987 classic “Fatal Attraction:” I will NOT be IGNORED!” No, I am not comparing the great acting of Glenn Close […]

It is a remarkable coincidence that the three cases that best explain entitlement to permanent partial disability benefits in New Jersey all involve claimants with the last name of Perez. The most important of the three Perez cases is Perez v. Pantasote, 95 N.J. 105 (1984). This case addressed the key statutory definition in N.J.S.A. […]

On February 25, 2019, the New Jersey Legislature voted to send to the Governor’s desk Senate Bill No. 1967. The Senate passed the bill on October 29, 2018 and the General Assembly passed it on February 25, 2019. The Governor is expected to sign the bill shortly. The original bill was intended to provide a […]

Jennifer Kocanowski, a member of the Finderne Fire Department in the Township of Bridgewater, was injured in March 2015 while carrying equipment in response to a multi-alarm fire. She fractured her fibula, tore ligaments in her ankle, and injured her back. Prior to the injury, Kocanowski had not worked for over a year. She had […]

The idiopathic defense is not an easy one for employers to prevail on in New Jersey. The basic concept is that the injury is not a result of any particular work effort and could happen anywhere, such as walking along a work corridor and suddenly feeling pain in one’s knee without falling or tripping. But […]

What happens if an employer terminates the employment of a worker, who then has an accident before leaving the work premises? Is there workers’ compensation coverage? Does it make a difference if the employee quits as opposed to being fired and then has the injury on premises while leaving? Does the moment of job termination […]

Janice Hustvet worked for Courage Center, which merged with Allina Health System in 2013. Hustvet worked for 15 years at Courage Center as an Independent Living Skills Specialist, educating, supporting and assisting clients with disabilities including spinal cord and brain injuries. On May 13, 2013, Hustvet completed her pre-placement health assessment. She acknowledged that she […]

The New Jersey Appellate Division decided an important case on January 17, 2019 entitled The Plastic Surgery Center, PA. v. Malouf Chevrolet-Cadillac, Inc,. The case centered on how long a medical provider has to file a claim petition in the Division, namely whether providers have two years, like claimants, or six years. The case has […]

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The content of this blog is for informational purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. You should consult a lawyer concerning your specific situation and any specific legal questions you may have.